Process to qualify for Refugee Claim in Canada

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Process to Qualify for Refugee Status in Canada
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Who is a Refugee?

• A refugee, generally speaking, is a displaced
  person who has been forced to cross national
  boundaries and who cannot return home safely

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• The Immigration and Refugee Board of Canada (IRB)
  is an independent board that decides immigration
  and refugee matters.
• The IRB decides who is a Convention refugee or a
  person in need of protection.

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Convention Refugees

• Convention refugees are outside their home
  country or the country they normally live in.
  They are not able to return because of a
  well-founded fear of persecution based on
• race
• religion
• nationality, or
• membership in a social group, such as women or
  people of a particular sexual orientation.

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Person in need of protection.

• A person in need of protection is a person in
  Canada who cannot return to their home country
  safely. This is because if they return, they
  would be subject to a
• danger of torture
• risk to their life, or
• risk of cruel and unusual treatment or
  punishment.

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Important points to be Noted

• Make a Refugee Claim
• Determining Whether Your Claim Is Eligible For
  Referral
• Refugee Hearing

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Make a Refugee Claim

• If your claim is eligible, as determined by
  immigration officers, it will be referred to the
  Immigration and Refugee Board of Canada.
• You can submit your claim at The Port of Entry
  (POE) or Inland CIC office.

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Determining Whether Your Claim Is Eligible For
Referral

• Your claim may not be eligible for further
  referral if
• You were deemed ineligible for referral or were
  outright rejected in the past
• You withdrew or abandoned a claim in the past
• You have protected person status in Canada

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• You have been granted refugee status in another
  country and you can return to that country
• You arrived to Canada via the Canada-US border
  (with exception given to those who have family in
  Canada)
• You have been involved in criminal activity or
  have human rights violations
• You are facing a removal order

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Refugee Hearing

• 30 to 60 days after you have submitted your
  claim, a refugee hearing will take place
• You will be asked
• Why you left your country?
• Why your country cant protect you?
• Why you would be at risk if you returned?

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Conclusion

• Refugee claims are complex and there is always a
  lot at stake. It is always advisable for people
  seeking refugee protection to be represented by a
  competent Canadian attorney with expertise in
  this particular area of the law.

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• A Refugee lawyer or immigration consultant can
  represent you and make a case for why you should
  be granted refugee status.

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